Sct v Director of Public Prosecutions (Qld)

Sct applied to the Supreme Court for bail, which was refused. He did not appeal that decision but sought to renew his application for bail on the basis of a material change in circumstances, being evidence as to the likely delay in the matter coming on for trial. The Court of Appeal considered whether it had jurisdiction to entertain the application for bail and whether the matter should be remitted to the trial division. The applicant, Sct, was alleged to have twice breached a domestic violence order and to have choked the complainant, with whom he had been in a relationship. The applicant was alleged to have punched the complainant in the leg a number of times and, on a separate occasion, put her in a “choke hold”, pushed her onto a bed while saying threatening words to her and choking her with one hand. Sct bore the onus to show cause why he should be granted bail because of the charge against s 315A of the Criminal Code (Qld). There was evidence that Sct may spend about a year on remand awaiting trial and there was a real prospect that he would serve longer on remand than he would have to serve in custody under a sentence. Sct was 20 years of age and had no criminal history. Sct sought to be bailed to accommodation with family members and had an offer of renewal of his employment. The Court of Appeal considered whether the risk of reoffending was an unacceptable risk within the meaning of s 16 of the Bail Act 1980 (Qld) and whether bail should be granted. The Court of Appeal held that it had jurisdiction to entertain the application for bail. The Court of Appeal found that the application had been made in accordance with the provisions of s 581BA of the Criminal Procedure Act 2009 (Qld) and that the Court of Appeal had jurisdiction to hear the application. The Court of Appeal held that the risk of reoffending was not an unacceptable risk within the meaning of s 16 of the Bail Act 1980 (Qld) and that bail should be granted. The Court of Appeal remitted the matter to the trial division and ordered that Sct be admitted to bail upon his own undertaking, subject to a number of conditions.